How a pending legal battle over a proposed solar farm will impact Pulaski County’s finances was discussed by the county council Monday. A group of 10 individuals has taken legal action against both the board of commissioners and the board of zoning appeals, regarding the Mammoth Solar project.
Building Department Assistant Karla Pemberton told council members that the BZA has agreed to hire the commissioners’ attorney, Kevin Tankersley, to serve as their attorney, as well. They’ve also approved a contract with law firm Barnes & Thornburg specifically for the solar litigation at a cost of $580 an hour. “The expense is upwards of maybe $25,000, is what is expected, $25,000 to $30,000,” Pemberton said.
That’s money that the BZA doesn’t currently have available. Council members agreed to transfer money to allow the BZA to pay its initial bill to Tankersley. After that, there’s no money left for professional services. Auditor Laura Wheeler noted that the commissioners may have some money left in their professional services budget, but she wasn’t sure how much.
To cover the rest, council members voted to advertise an additional appropriation request of up to $25,000 out of the county’s General Fund. Council Member Kathi Thompson noted that the General Fund should be getting a boost with federal CARES Act money that hasn’t been allocated to specific projects. “In general, we would always say, ‘Well, where’s that money going to come from?’ And we have $60,000 coming in that we can use for anything,” Thompson explained.
Council Member Brian Young opposed the measure, noting that the county already has an attorney and the extra money could be used to hire more staff members.
Council President Ken Boswell stressed that the council’s goal in providing the funding isn’t to take a position for or against solar panels, but simply to protect county officials. “This is special litigation,” he added. “This is not litigation that most lawyers do.”
The additional appropriation will be up for the county council’s final approval next month.
